TRADE MARK AND

INDUSTRIAL DESIGN

Presented by-
Ranjit Nikam (65)
Shrushti Mukwane (103)
Varad Rananavare (79)

Rushikesh Manmode (85)

Sahili Thawase (111) Presented To –
Viraj Bhat (118) Prof. JP Singh
Abhishek Shekade (99)
AGEND
A
 Introduction

 What is a Trademark and an Industrial design?

 Difference between Trademark and Industrial Design

 Registration of Trademark and Industrial Design

 Benefits of Trademark and Industrial Design

 Case Study

 Conclusion

 References
INTRODUCTION
 Trademark and design are distinct forms of intellectual property with notable differences.

 Trademark: Represents a brand or logo linked to goods or services.

 Design: Involves features of a pattern or shape applied to an article from an industrial process.

 In India, the Trademarks Act, 1999, governs trademark registration, while the Designs Act, 2000, governs design registration.

 The British Trademark Act, 1938, initially influenced Indian trademark law, later replaced by the Trade Marks Act, 1999.

 Design registration is governed by the Designs Act, 2000.

 Trademark and design registration, though not mandatory, offer protection against unauthorized usage by third parties.
 What is a Trademark ? What is an Industrial Design ?
 A trademark is a mark that identifies the source  Protects the visual appearance of the product

of goods or services.
 Prevents others from copying the unique design.
 A recognizable sign, design, or expression that

distinguishes the source of goods and services

from competitors.

 Type- a) Wordmarks – Google, Apple.

b) Logos – Nike swoosh, apple logo

 DIFFERENCE BETWEEN THE TRADEMARK AND
INDUSTRIAL DESIGN
Trademark Industrial Design

 Protect the novel appearance of an article

 Protect the source of goods or services

 Include the shape, configuration, pattern,

 Can be words, logos, slogans, or other
ornament, or composition of lines or colors
distinctive marks
applied to an article
 Registration provides exclusive rights to use
 Registration provides exclusive rights to
the mark for registered goods or services
prevent others from making, selling, or

 Registration lasts for 10 years (renewable) importing articles that embody the registered
design

 Registration lasts for 15 years (non-renewable)

 BENEFITS OF
Benefits TRADEMARK Description

A trademark helps businesses protect their brand identity by preventing others from using the same or a
Protects brand identity
similar trademark.

Trademark registration can help businesses to prevent counterfeiting by making it easier to identify and
Prevents counterfeiting
take action against counterfeiters.

A strong trademark can help businesses to build a strong brand, which can make it easier to attract
Enhances brand value
customers, charge premium prices, and expand into new markets.

Trademark registration can help businesses to attract investors by demonstrating that they have valuable
Attracts investors
intellectual property assets that can be licensed or sold.

Trademarks allow They capture the consumer’s attention and make products stand out.
consumers to base their
purchasing decisions:
 BENEFITS OF INDUSTRIAL DESIGN
Benefits Description

Intellectual Property Industrial design registration safeguards a company's investment in innovative designs, preventing
Protection: unauthorized copying or infringement.

Brand Identity A well-designed product reinforces a brand's identity, conveying quality, innovation, and attention to
Enhancement: detail, attracting loyal customers.

Industrial design ensures products meet safety, accessibility, and other legal requirements, minimizing
Regulatory Compliance:
legal risks and enhancing reputation.

Global Expansion Well-designed products transcend cultural barriers, appealing to international consumers, enabling
Facilitation: market expansion and revenue growth.

Competitive Edge Unique and innovative designs differentiate products, attracting attention, driving sales, and
Provision: strengthening market position.
• Step 1: Internet search for brand name.
• Step 2: Prepare trademark application with:
 Business Registration Proof
 Soft copy of the trademark
 Power of attorney
• Step 3: File application (TM-A form) via Manual or e-Filing.
• Step 4: Examination process.
• Step 5: Publication in Indian Trade Mark Journals.
• Step 6: Trademark Opposition:
 Possible within 4 months.
 Registrar provides notice.
• Step 7: Hearing on Opposition.
• Step 8: Trademark Registration
 Registrar accepts if no opposition.
 Certificate issued with Registry seal.
• Application Filing:
Submit application with detailed design representations to IP office.
• Examination:
IP office checks design for novelty, originality, and industrial applicability.
• Publication:
Approved designs are published for public notice and potential opposition.
• Opposition Period:
Third parties can oppose within a specified timeframe.
• Registration Certificate:
If unopposed, a registration certificate is issued, confirming exclusive rights.
• Renewal:
Periodic renewals required for ongoing protection.
• Enforcement:
Registered owners can enforce exclusive rights against unauthorized use.
 CASE STUDY
TITLE: COCA-COLA COMPANY V. BISLERI INTERNATIONAL PVT. LTD.

 Parties:  Facts Related to Case:  Acts Involved:

• Plaintiff: Coca-Cola • 1993: Coca-Cola acquires exclusive • Trade Marks Act, 1999:
Company (owner of rights to "Maaza" trademark in India • Specific Relief Act: Section
"Maaza" trademark) from Bisleri. 42(8) deals with negative
• Defendant: Bisleri • 2009: Coca-Cola discovers Bisleri covenants
International Pvt. Ltd. registering "Maaza" in Turkey, violating
agreement.
• Coca-Cola sues Bisleri in Delhi High
Court for:
• Trademark infringement in India.
• Preventing "Maaza" use in Turkey.
 Problem:
Bisleri, after selling "Maaza" trademark rights to Coca-Cola, tried to use the trademark again in
India and export "Maaza" goods.
Coca-Cola sued Bisleri for trademark infringement.

 Decision:
Delhi High Court ruled in favor of Coca-Cola.
Bisleri was prohibited from using the "Maaza" trademark in India and exporting
"Maaza" goods.

 Judgement:
The assignment agreement gave Coca-Cola full ownership of the "Maaza" trademark, including
export rights.
Bisleri's actions constituted infringement and passing off.

 Conclusion:
This case highlights the importance of clear agreements and respecting intellectual property
rights.
It sets a precedent for similar cases involving trademark ownership across borders.
CONCLUSION

• Trademark and Industrial Design protection safeguard intellectual property.

• Thorough trademark searches ensure uniqueness.
• Filing process, including examination and response phases, is critical for success.
• Industrial Design protection involves identifying distinctive features, eligibility checks, and jurisdiction selection.
• Trademark and Industrial Design registrations grant exclusive rights.
• Regular renewal and maintenance are essential for ongoing protection.
• These processes secure and maintain the value of creative assets.
 REFERENCE
 The Trade Marks Act 2000
 The Industrial Design Act 1999
 Intellectual Property Office of India.
THANKYOU